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CITIZENS FOR ORDERLY DEV. & ENVIR. v. CITY OF PHOENIX

No. 12010.

112 Ariz. 258 (1975)

540 P.2d 1239

CITIZENS FOR ORDERLY DEVELOPMENT & ENVIRONMENT, a non-profit corporation, Appellant, v. CITY OF PHOENIX, Eaton International Corporation, a corporation, Indian School Properties, a partnership, and Chai Mortgage Corporation, Appellees.

Supreme Court of Arizona, En Banc.

October 7, 1975.

Attorney(s) appearing for the Case

Brown & Bain, P.A. by Paul V. Bonn, Phoenix, and Shimmel, Hill, Bishop & Gruender, P.C. by George R. Hill, Phoenix, for appellant.

Joe R. Purcell, City Atty., by Edward P. Reeder, Asst. City Atty., Phoenix, for City of Phoenix.

Dushoff & Sacks by Jay Dushoff, Phoenix, for appellee Indian School Properties.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Jeffrey B. Smith, Phoenix, for appellee Chai Mortgage Corp.

JACOBSON, Judge, Court of Appeals.

The controlling issue in this appeal is whether appellant's complaint seeking to declare a proposed zoning amendment void and to enjoin the City from proceeding with the zoning change is premature. We have taken jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court, Vol. 17A, A.R.S.

Appellant, Citizens for Orderly Development & Environment is a non-profit corporation which brought an action against appellees...

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